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Articles 1 - 20 of 20
Full-Text Articles in Law
The Illinois Supreme Court Gives Policyholders A Break From The Two Front War, John S. Vishneski Iii
The Illinois Supreme Court Gives Policyholders A Break From The Two Front War, John S. Vishneski Iii
Northern Illinois University Law Review
For many years, Illinois policyholders faced the prospect of a two-front war whenever they submitted a liability insurance claim. Insurers who did not believe they owed coverage could "honor" their duty to defend by filing a lawsuit against their insureds seeking a declaration of non-coverage, thereby forcing their policyholders to defend against the underlying claim and against their own insurer. The Illinois Supreme Court, in the Midwest Sporting Goods case, has brought the two-front war era to an end. As explained in this article, insurers in doubt over coverage must now at least pay their policyholders' defense costs in the …
Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak
Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak
Northern Illinois University Law Review
This article discusses the recent Illinois Supreme Court decision, York v. Rush Presbyterian St. Luke's Medical Center, which addressed the reliance element in the overall analysis of apparent authority in the healthcare context in Illinois. The authors explore the historical underpinnings of agency law and posit that the York decision has effectively eroded basic agency law principles in the healthcare context.
Vol. 27, No. 1, Fall 2006: Table Of Contents, Northern Illinois University Law Review
Vol. 27, No. 1, Fall 2006: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
Northern Illinois University Law Review
This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed …
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Northern Illinois University Law Review
This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial statements by victims to protect them from re-victimization after testifying at trial. The ability to use a statutorily mandated hearsay exception has been in question and is directly linked to the definition of the term "testimonial. " The author provides a test to determine whether the out of court statements by pedophilia victims are "testimonial" to make this tool for protecting the victims still viable.
Self-Exclusion And The Compulsive Gambler: The House Shouldn't Always Win, Justin E. Bauer
Self-Exclusion And The Compulsive Gambler: The House Shouldn't Always Win, Justin E. Bauer
Northern Illinois University Law Review
This Comment examines the law revolving around a compulsive gambler's ability to exclude himself from a casino. While the current state of the law in many jurisdictions properly allows a person to place himself on a self-exclusion list," in an effort to be barred from entering into a casino, the law provides no remedy for the self-excluded gambler in the event that the casino negligently, deliberately, or even recklessly allows the self-excluded person to gamble. This comment calls for a change to that jurisprudence and invites the judiciary to allow a self-excluded gambler to receive redress from the casino that …
The Tax Treatment Of Verdicts And Settlements Following The Adoption Of The Jobs Creation Act Of 2004: Paradise Found For The Employment Lawyer?, John F. Fatino
The Tax Treatment Of Verdicts And Settlements Following The Adoption Of The Jobs Creation Act Of 2004: Paradise Found For The Employment Lawyer?, John F. Fatino
Northern Illinois University Law Review
In recent years, attorneys practicing in the employment area have found that a working knowledge of tax law is critical to maximize results for clients and to avoid malpractice. This article will examine the status of taxation of verdicts and settlements following adoption of 1996 legislation, which made various changes to the Internal Revenue Code. In addition, the article will examine the impact that the American Jobs Creation Act has had on the tax treatment of attorney fees and court costs in the context of employment litigation. Finally, the article will discuss the implications of a recent decision by the …
Vol. 26, No. 3, Summer 2006: Table Of Contents, Northern Illinois University Law Review
Vol. 26, No. 3, Summer 2006: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Criminal Discovery And The Costs Of Reproduction: A Burden Taxpayers Should Not Have To Bear, Gary C. Pinter
Criminal Discovery And The Costs Of Reproduction: A Burden Taxpayers Should Not Have To Bear, Gary C. Pinter
Northern Illinois University Law Review
This comment asserts that a prosecutor's office may charge privately-retained defense counsel for the costs the prosecutor's office may incur as a result of reproducing material that may be requested via discovery. Although the evolution of discovery has resulted in rules or statutes that differ with respect to a particular jurisdiction's scope of discovery or its adopted approach, the overwhelming majority of discovery provisions regarding the prosecutor's duty of disclosure are very similar. The duty essentially requires that the prosecutor make the particular material available and permit its inspection and reproduction. Consequently, to forbid a prosecutor from seeking reimbursement for …
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Northern Illinois University Law Review
The medical malpractice insurance "crisis" results not from out-of-control juries or overly-litigious plaintiffs and their attorneys, but rather is simply the result of epidemic levels of negligence among physicians. The myth that the liability system is to blame for high premiums facing doctors creates opportunities for insurance companies to restrict plaintiffs' access to courtrooms and to limit the amount of compensation they may receive after proving negligence. This article examines and debunks the leading myths regarding the so-called "crisis" and presents several suggestions that may improve the healthcare provided to patients nationwide.
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
Northern Illinois University Law Review
This article begins by attempting to understand sniff search jurisprudence through the earliest Supreme Court precedent and the application of those cases by the various circuits. Then after a brief discussion of the Caballes case itself it attempts to discern the various arguments made by the parties in the suit, scholars, and practitioners, examining each for its relative merit. Finally, the article attempts to predict what impact Caballes will have on both the use of canines in law enforcement and other technologies that serve similar purposes.
Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp
Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp
Northern Illinois University Law Review
Much of the debate on medical malpractice and tort reform ignores the recent emergence of a fairly substantial volume of empirical research on the subject. There have been a large number of empirical (i.e., statistical) papers put out from law professors, economists, and others, on a number of medical malpractice and tort reform topics. This article consists of critical literature review covering selected empirical papers on these topics. The paper asks what malpractice practitioners, state legislatures, and legal academics learn from the data work that's been done. Rather than report the results of any original data analysis, the article evaluates …
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Northern Illinois University Law Review
The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or that particularly impacts those cases; discussion of prior caps and the cases holding them unconstitutional; discussion of P.A. 89-7, which was held unconstitutional in the Best case; discussion of the 2005 legislation (P.A. 94-677) and whether it is constitutional; and finally, "where do we go from here," which includes my ideas for reform that build on the reforms already in place. An appendix includes …
Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi
Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi
Northern Illinois University Law Review
In recent years, many states have passed legislation limiting the amount of recovery in medical malpractice cases. One primary purpose behind these caps is to lower medical malpractice insurance premiums. Unfortunately, damage caps neither reduce malpractice premiums nor prevent premium increases. In addition, damage caps neither lower consumer health care costs nor prevent frivolous litigation. Even worse, damage caps prevent victims of malpractice from being fully compensated for damages they received as a result of another's negligence. Not only are damage caps incapable of effecting tort reform, but they have a catastrophic effect on those victims, who receive unfair and …
The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano
The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano
Northern Illinois University Law Review
The Supreme Court of Illinois has twice held that caps on damages are unconstitutional. In 1976, the court held in Wright v. Central DuPage Hospital Association that a cap on damages in medical malpractice cases constitutes special legislation in violation of the 1970 Illinois Constitution. Twenty-one years later, in Best v. Taylor Machine Works, the court held that a cap on non-economic damages in bodily injury and death cases is special legislation as well as a violation of the separation of powers clause. Despite these clear precedents, last year Governor Rod Blagojevich capitulated to public pressure manipulated by the powerful …
Don't Take Your Organs To Heaven...Heaven Knows We Need Them Here: Another Look At The Required Response System, Abena Richards
Don't Take Your Organs To Heaven...Heaven Knows We Need Them Here: Another Look At The Required Response System, Abena Richards
Northern Illinois University Law Review
This comment examines the constitutional and practical efficacy of the required response system to increasing the number of organs donated for transplantation each year. The required response system has been proposed by several organizations and authors as an effective method to increasing organ donation in the United States. The author asserts that the proposal for a national required response system has not received the attention it deserves given the potential this system has for relieving the chronic shortage of transplantable organs. This comment discusses the practical problems experienced with the current opt-in system, the constitutional issues associated with the opt-out …
The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen
The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen
Northern Illinois University Law Review
This paper addresses the propensity of large donors to make financial contributions to competing candidates or party organizations during the same election cycle--for example, giving money to both Bush and Kerry during the 2004 presidential race. This practice, here termed "'bet-hedging," is analyzed in strategic and game-theoretic terms. The paper explores the prevalence of bet-hedging, the possible motivations behind the practice, and the informational concerns surrounding it. Bet-hedging, above all other donation practices, carries a unique implication of ex post favor-seeking. A donor who prefers one side over the other at least partially cancels out its own contribution by hedging …
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Northern Illinois University Law Review
This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is presented demonstrating that damage caps are an ineffective means of reducing malpractice insurance premiums because they do not address the underlying causes of rising premiums. "Malpractice crises" correlate with market fluctuations and changes in the supply and demand of malpractice insurance, rather than with any increase in malpractice litigation or verdicts. In order to address the economic source of malpractice crises, the author proposes two alternative …
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Northern Illinois University Law Review
This article discusses the Supreme Court's controversial Rasul v. Bush decision--a case dealing with the ability of the federal courts to entertain the habeas petitions filed by terrorist suspects detained at Guantanamo Bay, Cuba. The article seeks to make four contributions. First, it argues that the Supreme Court has misinterpreted its own precedent in its interpretation of the territorial reach of the habeas corpus statute. Secondly, it argues that the Court misread the historical record pertaining to the territorial reach of the writ of habeas corpus--which antedated the adoption of the Constitution and was explicitly engrafted into the text of …
Vol. 26, No. 2, Spring 2006: Table Of Contents, Northern Illinois University Law Review
Vol. 26, No. 2, Spring 2006: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.